Calcutta High Court (Appellete Side)
The United States Playing Card Company vs The Registrar Of Trade Marks on 8 April, 2015
Author: I.P. Mukerji
Bench: I.P. Mukerji
1
03
08.04.2015
pg.
WP No. 29717 (W) of 2014 The United States Playing Card Company Vs. The Registrar of Trade Marks, Kolkata & Anr. Mr. Abhrajit Mitra Ms. Rajshree Kajaria ... For the petitioner No records have been produced by the Registrar of Trade Marks in spite of orders for this purpose being passed by this Court from time to time and communicated to him by learned advocate-on-record for the petitioner.
In the circumstances, this Court is entitled to draw an adverse inference.
It is to be presumed that the procedure under Section 25(3) of the Trade Marks Act, 1999 has not been followed by the Registrar before removing the subject trade mark from the register.
Compliance with the requirements of Section 25(3) of the Trade Marks Act, 1999 together with Rule 64(1) of the Trade Marks Rules, 2002 is mandatory before removing a trade mark from the register. This writ application succeeds. 2 Order in terms of prayer (a) of the writ petition. The Registrar of Trade Marks will suitably renew the trade mark of the petitioner upon acceptance of the requisite fees and charges, within a period of four weeks from the date of communication of this order.
This writ application is allowed to the above extent. Urgent certified photocopy of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.
(I.P. Mukerji, J.)